Compelling in Beit Din the presentation of account statements
Question
Hello.
A defendant who possesses evidence that would obligate him (such as bank account statements, etc.) and does not wish to present them to the dayanim — can the plaintiff demand that the Beit Din place him under a ban (cherem)?</p>
Answer
Shalom u-vracha.
It is possible to request that the Beit Din place him under a ban (cherem).
Source
Siman 16, se'if 4, and likewise siman 99, se'if 1, it is explained that they place under a ban one who has evidence and does not bring it, even if it is the defendant himself. However, in our times the Beit Din has authority to rule on the basis of its discretion and assessment, since the parties have signed an arbitration agreement and accepted the dayanim to rule according to their judgment and more.
